Citation Nr: 25003586
Decision Date: 03/14/25	Archive Date: 03/14/25

DOCKET NO. 16-62 171
DATE: March 14, 2025

ORDER

The appeals seeking an initial compensable rating for residuals of traumatic brain injury (TBI) prior to April 8, 2019; a rating in excess of 10 percent from April 8, 2019 to October 19, 2022; and a rating in excess of 50 percent thereafter, are dismissed.

The appeal seeking a rating in excess of 10 percent for right knee narrowing of medial joint space is dismissed.

The appeal seeking a rating in excess of10 percent for right knee instability is dismissed.

The appeal seeking a total disability rating based on individual employability (TDIU) due to service-connected disabilities is dismissed.

FINDING OF FACT

In January 2025, the Board was notified that the Veteran had died earlier that same month.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the identified appeals at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from August 1979 to August 1982, including foreign service.  

These matters are on appeal before the Board of Veterans' Appeals (Board) from June 2013 and August 2013 rating decisions of the Department of Veterans Affairs (VA) Columbia Regional Office (RO).

The Veteran testified during an August 2017 virtual hearing.  A transcript of this proceeding has been associated with the record.

Regrettably, VA was informed in January 2025 that the Veteran had died earlier that month.  A copy of the Veteran's death certificate was then obtained.

As a matter of law, appellants' claims do not survive their deaths.  Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330, 333-34 (1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994).  The appeals on their merits have become moot by virtue of the death of the Veteran and must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

In reaching this determination, the Board intimates no opinion as to the merits of these appeals or to any derivative claim brought by a survivor of the Veteran.  38 C.F.R. § 20.1106.  The Board's dismissal of these matters does not affect the right of an eligible person to file a request to be substituted as the appellant for purposes of processing the claims to completion.  Such request must be filed not later than one year after the date of the appellant's death.  38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b).  A person eligible for substitution includes "a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title ...."  38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(a).  An eligible party seeking substitution in an appeal that has been dismissed by the Board due to the death of the claimant should file a request for substitution with the VA office from which the claim originated.  38 C.F.R. § 3.1010(b).

Accordingly, the pending appeals are hereby dismissed.

 

 

RAY BARTO SLABBEKORN, JR.

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kovarovic, Kate

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.